- 7 - certain of those years, a loss attributable to petitioner’s interest in a partnership, and (3) for one of those years, income from an S corporation. Each of petitioner’s 1988, 1989, and 1992 returns included a schedule which showed an exchange of proper- ties from which petitioner realized capital gain. In the notice of deficiency issued to petitioner for 1993 (notice), respondent determined, inter alia, to disallow the $109,482 that petitioner claimed in his 1993 return as “Other * * * losses”. OPINION Petitioner bears the burden of proving that the determina- tions in the notice are erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In his 1993 return, petitioner claimed with respect to the Miller loan that he had a loss of $109,482 from the sale or exchange of property used in a trade or business. Petitioner changed his return position at trial and on brief. Petitioner 7(...continued) Year Number of of Return Properties 1979 5 1987 5 1989 2 1991 3 1992 3 1993 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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